Ocean Adventures

Monarch Beach Kids

Privacy Policy

Privacy Policy & Terms of Use

PRIVACY STATEMENT

It is part of the KSL Resort’s Mission Statement to strive to create “Customers for Life.” One of the ways that we work towards this goal is by respecting your privacy as you explore our website (the “Site”). This Privacy Statement applies to information collected by Monarch Beach Resort (“MBR”) whether online through www.monarchbeachresort.com, in person when you provide information to our resort, or from third parties to whom you have provided information. The purpose of this Privacy Statement is to inform you about the types of information we gather about you when you visit the Site or our resort, information we may receive from third parties or affiliates, how we may use that information, whether we disclose that information to anyone and the choices you have regarding of our use, and your ability to correct, the information. By using the Site, you expressly consent to the use and disclosure of information as described in this Privacy Statement.
This policy does not apply to other websites which are linked to the Site. Please also be aware that our promotional partners, advertisers, sponsors, tenants and concessionaires accessible through the Site or at our resort and websites owned or controlled by independent third party owners of hotel, resort, or residence properties that may have the ability to book reservations through MBR, or websites not controlled or authorized by MBR may have their own privacy and data collection policies and practices. We are not responsible for any actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing personally identifiable information to them.

How We Collect and Use Information:
We collect information in several ways by your use of the Site or your interaction with us at our resort. When you log onto the Site, our servers log your IP address, the URL of your request and other information that is provided in the HTTP header. When you conduct searches on the Site, we may log the search terms that you use. Also, our third-party service providers may ask you voluntarily to provide personal information on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Privacy Statement. MBR collects this information in order to provide information about our products and services that will meet the expectations of our guests.
“Cookies” are small files that are stored on your machine and may be used to store your personal information. For example, we use “cookies” to (i) customize content specific to your interests, (ii) ensure that you do not see the same advertisement repeatedly and (iii) store your password so you do not have to re-enter it each time you use the Site.
A “pixel tag” is a clear (transparent) image placed on a web page to collect information about the page view. MBR uses pixel tags to aggregate web traffic information, such as the number of unique visitors, the top paths through the site, entry pages and exit pages. MBR does not use pixel tags to collect any personal information such as your name, age, phone number, address or e-mail address from visitors and we do not maintain a database of individual browsing profiles.
This Site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist MBR in understanding how the Site is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for MBR’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s privacy policy.

MBR may collect information about you so that we can provide an experience that is responsive to our guests’ and visitors’ needs. We may collect information as part of: (i) fulfilling reservation or information requests, (ii) purchasing products or services, (iii) registering for program membership, (iv) engaging in various activities at our resorts, (iv) submitting a job application, or (v) responding to communications from us (e.g., surveys, promotional offers, contests or sweepstakes, or reservation confirmations). We endeavor to collect information only with your knowledge or (based upon this privacy statement) your expectation.

The types of personally identifiable information we collect may include your name, email addresses, telephone and fax numbers, postal address, credit card information, date of birth, gender, and lifestyle information such as room preferences, leisure activities, names and ages of children, and other information desirable to provide quality services to our guests and visitors or necessary to fulfill special requests (e.g., health conditions that require special room accommodations). We may also collect information about you, such as your use of the Site, travel habits, communication preferences, and aggregated data relative to your stays.

To the extent we are able to do so, we may link your personal information to information we collect that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Site. We may also link information collected online with information we collect offline or that is collected online by third parties.
We will use the information we collect from you to fulfill reservations that you have made with us and to provide goods or services which you have requested or purchased from us. We may also use your personal information to send you a pre-arrival message summarizing your confirmation details and providing other information about the area and the hotel, notify you about news, special offers and promotions, and send you copies of your hotel bills when you request them. MBR may also use third party service providers to send and distribute e-mail and to perform other marketing and product support functions. You can opt-out of receiving e-mails from MBR at any time by selecting the opt-out link included in the e-mail.

Sharing Personal Information Collected on our Websites
We may share your personal information among KSL Resorts’ affiliates, owners and operators of our managed hotels, and KSL Capital Partners, LLC and it’s affiliated companies. We may also share information with select third parties who offer goods or services we think may be of interest to you. From time to time we may partner with other companies to provide co-sponsored or co-branded promotions, products and services and may share your information with our co-sponsor. For example, we may co-sponsor some sweepstakes or contests on our site with other companies or we may provide prizes for sweepstakes and contests sponsored by other companies. If you enter one of these sweepstakes or contests, we may share your personal information with our co-sponsor or the third-party sponsor. When you use a credit card to purchase goods or services, we may share your information with the credit card company and other companies involved in the authorization process. Use of shared information is subject to third parties’ policies.

We rely on service providers to help us deliver products and services, such as offering products and services, providing services in connection with our websites including airline and rental car packages, communicating news and delivering promotional materials via email and direct mail, processing credit card transactions, and administering sweepstakes and surveys. We may provide your personal information to such service providers or contractors to perform functions on our behalf.

During the course of our business we may also share aggregated demographic and statistical information that is not personally identifiable. MBR may also disclose an individual’s personal information to:

a person who in the reasonable judgment of MBR is seeking the information as an agent of the individual.

a company or individual employed by MBR to perform functions on its behalf, such as but not limited to research or data processing.

another company or individual for the development, enhancement, marketing or provision of any of MBR’s products and services.

an agent used by MBR to evaluate the individual’s creditworthiness or to collect the individual’s account.

a credit reporting agency.

in situations where sharing or disclosing your information is required in order to offer you products or services you desire (e.g., a vacation package).

a public authority or agent of a public authority, if in the reasonable judgment of MBR, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or re-organization.

a third party or parties, where the individual consents to such disclosure or disclosure is required or permitted by law.

MBR may also be required to use or disclose your information in connection with a legal action or other proceeding. This includes any actions that may be brought by MBR against you as a result of your failure to meet your obligations under any agreements you may have with us including the Terms of Use and Notice Agreement for the Site and your reservation agreement.

How we Store Your Information
MBR is committed to protecting the security of any personal information you provide. For these reasons, certain financial information, such as credit card data, will generally be transferred over a Secured Socket Layer (SSL) connection (provided that it is supported or enabled on your browser). In spite of these protections, any information submitted over the Internet could be intercepted or otherwise corrupted during transmission. As such, MBR cannot guarantee the security of any data submitted over the Internet. After your information reaches MBR, however, it is stored on servers (or in the case of information received from you in person or over the phone in storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. The servers are under the control of MBR at all times but may be hosted, managed or otherwise maintained by third party service providers. These third party service providers have no right to use or access this data other than at the direct request (or on behalf of) of MBR.

Accessing Your Information
You may access and change certain information that you submitted during registration (if you have registered at the Site) at any time by providing your username and password. Fields that may be changed include: name, address, company name, e-mail address, and your password. Please keep your password in a safe place and do not provide this information to anyone. We strongly encourage you to check the accuracy of your data regularly as MBR will use your e-mail and home address to communicate with you regarding products or services that you have requested. MBR will not be liable for any problems or difficulties that arise as a result of your failure to keep your information up to date.

Opt-Out From Mailings
From time to time, you may receive periodic mailings, telephone calls or e-mails from MBR with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on behalf of MBR. If at any time you wish to stop receiving emails or mailings from MBR please send us an email to privacypolicy@kslresorts.com with the phrase “Privacy Opt-out: MBR Mailings” in the subject line, or write to us at the address provided below, and we will remove you from MBR’s mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from MBR.

Display of Advertising and Opt-Out
MBR uses a third-party service provider to serve advertisements on our behalf across the Internet and sometimes on this Site. When our service provider displays online advertisements to you, they will place one or more “cookies,” pixel tags and/or other similar mechanisms on your computer in order to recognize your computer each time it displays an ad to you. Because our service provider serves ads on many different websites, it is able to compile information over time about where you, or others who are using your computer, saw and/or clicked on the advertisements it displays. Our service provider may share that information with us. Our service provider (and/or we) use this information to make predictions about your characteristics, interests or preferences and to display targeted advertisements that our service provider believes may be of interest to you. Our service provider may also associate this information with your subsequent visit, purchase or other activity on participating advertisers’ website in order to determine the effectiveness of the advertisements.

While our service provider may use some of the information it collects in order to personalize the ads it shows you, it designed its system to select ads only on data that does not personally and directly identify you. For example, it may select the ads it displays according to certain general interest categories or segments that it has inferred based on (a) demographic or interest data, including any you may have provided when creating an account on this Site (age, zip or postal code, gender), demographic or interest data acquired from other companies, and a general geographic location derived from your IP address and (b) the pages you view and links you click when using our service provider’s and its advertising partners’ websites and services. For more information about how targeted ads work, visit Managing Your Privacy at the Network Advertising Initiative website. Our service provider may also use non-personally identifiable information collected from you to run targeted advertising campaigns.

If you do not want your information to be used for the purposes described in this section, disabling cookies on your computer should prevent your information from being collected or used for these purposes.

Third Party Links
The Site may list or link to third party products or services. MBR does not have any control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. For these reasons, MBR and its affiliates cannot ensure that a buyer or supplier will actually complete a transaction. MBR will not be a party to any transactions between you and such third parties and any correspondence concerning such transactions should be conducted between you and the third party.

Minors:
The Site is not directed to children under the age of 13. Children under the age of 13 are prohibited from submitting any personally identifiable information to MBR through the Site.

Do Not Track
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. However, because there is not yet a defined response to do-not-track requests, our Site does not respond to your browser’s do-not-track request. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

Contact Us
If you would like to update your information, modify your communication preferences, or if you do not want to receive marketing communications from MBR in the future, you can contact us:
by e-mail: privacypolicy@kslresorts.com
by writing to us at:
KSL Resorts
50-905 Avenida Bermudas
La Quinta, CA 92253
Attention: Privacy Policy

Special Notification for California Residents
Individual customers who reside in California and have provided their personal information to MBR may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at one of the following addresses: privacypolicy@kslresorts.com or KSL Resorts, Attn: California Privacy Request, 50-905 Avenida Bermudas, La Quinta, CA 92253. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

International Visitors:
The Site is hosted in the United States and is intended for visitors located within the United States. If you nonetheless choose to use the Site or provide us with your personal information from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information to MBR you consent to that transfer.

Policy Changes
MBR may amend this Privacy Statement from time to time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our guests, properties, strategic marketing partners, and service providers. Updated versions will be posted to our website and date stamped so that you are always aware of when the Privacy Statement was last updated.

The Monarch Beach Resort website (the “Site”) is owned and/or operated by KSL Resorts and its affiliates.
THIS TERMS OF USE AND NOTICE AGREEMENT (“Agreement”) IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS OF USE. By viewing, using, transmitting, caching, storing and/or otherwise utilizing the Site, the service and functions offered in or by the Site, and/or the contents of the Site in any way, you have agreed to each and every term and condition set forth herein and waive any and all rights to claim any ambiguity or error in this Agreement or the Site. If you do not accept these Terms of Use and Notice Agreement, please exit the Site immediately by clicking here.

Additionally, the Site may itself contain different terms, conditions or service, including without limitation, features offering promotions or contests. If there are other terms, provisions or conditions which conflict with the terms and conditions set forth herein, then the terms and conditions of this Agreement shall control unless the agreement including such conflicting terms or provisions is executed by Monarch Beach Resort (MBR) and specifically refers to these terms. While these terms describe the information and content that may be collected by MBR and through the Site, the specific policies governing the transmission, storage and use of such information is provided in MBR’s Privacy Statement.

1. Access to the Site. MBR is providing you with the capability to use the Site. You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use the Site through the Internet. 2. Eligibility for Use. The Site is available only to individuals who can form legally binding contracts under applicable law. As a condition to your use of the Site, you represent that you or the entity you are representing can form legally binding contracts under the laws of your country, state and/or locality. If you are a minor or not capable of entering into a legal contract, please exit the Site immediately. MBR or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the Site to anyone at any time, in MBR’s sole discretion. 3. Your Information/Passwords. To facilitate your use of the Site, you may be able to use user identification, passwords or similar codes to allow you access to restricted areas of the Site. You are responsible for the security of your accounts and for any financial transaction which you enter into. In consideration of your use of the Site, you agree to (i) provide true, accurate, current and complete information about yourself as prompted; (ii) to maintain and update such information promptly; (iii) prevent unauthorized access or use by you or others using your user identification and/or password; (iv) report any unauthorized use or disclosure of your password or other breach of security of the Site; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. If you provide, or if MBR has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or you misuse or permit another to use your password who is not authorized to do so, then MBR has the right to refuse any and all current or future use by you of the Site (or any portion thereof). 4. Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. MBR does not endorse or represent the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on the Site. 5. Links to Third-Party Websites. Although we hope that you will find the material on the Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by MBR of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Because MBR has no control over third-party websites and resources, you acknowledge and agree that MBR is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that MBR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, goods or services available on or through any such site or resource. 6. Restrictions on Use. The Site is available for you to make purchases and reservations for certain goods and services presented. On the condition that you agree that your use is governed by the terms and conditions of this Agreement, MBR hereby grants to you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the information and services found at the Site for the limited purposes expressly permitted in this Agreement. You may view, display and make one printed copy of the information found on the pages of the Site, provided, however that you (i) do so only for the purposes of receiving, accessing, analyzing and using the information made available at the Site in accordance with the terms and conditions of this Agreement, for your personal, non-commercial use only; and (ii) do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. Information may not be copied (except as provided in the preceding sentence), distributed, reproduced, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of MBR. The use of such information on any other website, Internet, extranet or other site or computer environment is strictly prohibited, without MBR’s prior written permission. No rights are granted to you except those expressly stated here. You may only use the Site to make legitimate reservations or purchases and shall not use the Site to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand. You further agree that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not use the Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any website controlled by you or otherwise, to The Site without the express written permission of MBR. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of MBR or any third party that provides services related to the Site. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain MBR’s prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to MBR and/or to the Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for MBR or cause MBR to lose (in whole or in part) the services of our suppliers. 7. Contest Rules. All contests sponsored on the Site are designed to conform with applicable local, state, and/or federal laws and will be subject to any additional terms or conditions that are provided at the time that you enter such contest. When you enter a promotion, sweepstakes, or contest hosted by the Site or sponsored by MBR and/or our affiliates, we ask for your name, address, and email address. You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate. We may contact you in connection with a particular promotion, such as a sweepstakes or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes. 8. Information Sharing and Disclosure Practices. Promotions that are hosted on the Site may be sponsored by MBR, may be co-sponsored by MBR and another company, or may be sponsored by companies other than MBR. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form in accordance with MBR Privacy Statement. When you participate in an MBR sponsored or hosted promotion, you are subject to the Official Rules of that promotion. 9. Products and Services. MBR provides certain goods and services. The following terms shall apply to each good/service respectively: Room Reservations. If you elect to make a room reservation through the Site and do not have an established user profile, you will need to furnish your name, telephone number, e-mail address, billing address and credit card type, number and expiration date, in addition to the dates of your stay, the number of rooms you will require and the number of adults and children in your party. In order to permit us to serve you better, you may also submit information that may relate to discounts, membership rewards, or other special considerations that may impact the price or availability of the rooms being offered. MBR will accept such request by sending an email confirming your reservation, including check in and check out dates. MBR will reserve a deposit on your credit card equal to the cost of two days’ stay (or one day in the case of a single night reservation). Your credit card will not be charged for such deposit in the event that you notify MBR (either by phone or through the Site) of your intent to cancel at least 7 days in advance of such reservation. Thereafter, MBR will charge the full amount of such deposit to the credit card provided. For additional information concerning availability of MBR, CLICK HERE. 10. Group/Meeting Planning. KSL Resorts offers a number of opportunities to host groups and meetings or conventions of all types. Meeting Planners that are interested in receiving information concerning rates and availability at a particular KSL Resorts property can do so by completing an online request with your e-mail address. A KSL Resorts representative will contact you shortly. You may also call KSL Resorts’ national sales office for more information. For additional information, CLICK HERE. 11. Purchasing Products. MBR may from time to time offer products that may be purchased on the Site. In such an event, you will need to furnish your name, telephone number, e-mail address, billing address and credit card type, number and expiration date as well as the address to which the product(s) will be shipped. MBR will confirm acceptance of your offer by sending you a notice to the e-mail address provided. This may also include the shipping or other tracking number provided by a third party shipping provider. Third-Party Products or Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MBR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. 12. Use of Interactive Areas. The Site may contain “Interactive Areas,” including chat rooms, bulletin boards, or other message and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post, email, transmit, or otherwise make available any content that: * Generates provisional reservations or reservations intended to create demand; * Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; * Encourages criminal activity; * Is harmful to children or minors; * Infringes another’s rights to intellectual property, publicity, or privacy; * Contains advertisements, promotions, or commercial solicitations; * Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed on the US Commerce Department’s Tables of Deny Orders; * Contains information intended to assist in the placement of a bet or wager; * Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; * Contains information that is untrue, inaccurate, not current or incomplete, or MBR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; * Is provided with the intent to annoy, abuse, threaten, or harass any other person; or * In the event that MBR has reason to believe that you have posted, emailed, transmitted or otherwise made available any of the restricted content described above, MBR reserves the unrestricted right to suspend or terminate your account and refuse any and all current or future uses of the Service (or any portion thereof). MBR and its affiliates also reserve the right to refuse service, terminate accounts, remove or edit content or cancel your pending orders in our sole and absolute discretion. 13. Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. MBR does not endorse or control the content, messages or information found in any Interactive Area and, therefore, MBR specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. MBR and its affiliates may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement. You acknowledge and agree that Site may preserve content you post and may also disclose content you post if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MBR, the users of the Site or the public. 14. Limits on Liability. MBR will not be liable for: The contents of any communication, message, or information posted by you or other third parties; The content of any website not controlled, owned, or operated by MBR that is accessed from or linked to the Site; the content, services or information provided by any website purporting to be operated by MBR or its affiliates, but not actually affiliated with, controlled, owned, or operated by MBR; Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use the Site, even if MBR has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of The Site, or with this Agreement, your sole and exclusive remedy is to discontinue using The Site. 15. Indemnification. You agree to indemnify and hold MBR Operating Co., Inc, KSL II Management Operations, LLC and KSL MBR Management, LLC MBR, and its subsidiaries, affiliates, officers, directors, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another. 16. Disclaimer of Warranties. The information, material, services, and products included on the Site may include inaccuracies or typographical errors. MBR may make changes or improvements to this site at any time. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. MBR AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY KSL WEBSITES LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MBR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MBR AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. MBR AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event MBR and its affiliates are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity. MBR and its affiliates explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. MBR and its affiliates cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third-party content on the Site. MBR and its affiliates do not endorse any of the merchandise, nor have MBR and its affiliates taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. MBR and its affiliates do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against MBR and its affiliates with respect to such sites and third party content. MBR and its affiliates strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. MBR and its affiliates are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, MBR and its affiliates are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of MBR which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, MBR and its affiliates reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof. You also agree that MBR and its affiliates are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or there from and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks. Although MBR and its affiliates intend that product descriptions contained in the Site be current and accurate, MBR and its affiliates make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers’ return policy. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): MBR AND ITS AFFILIATES MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR THE KSL RESORTS AND ITS AFFILIATES SITE LINKED TO THE SITE. MBR AND ITS AFFILIATES WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY MBR AND ITS AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. MBR AND ITS AFFILIATES RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER MBR AND ITS AFFILIATES NOR ANY OF THE KSL RESORTS AND THEIR AFFILIATES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MBR, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES. IN THE EVENT MBR IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED. 17. Linking. Unless you obtain prior authorization under a written agreement with MBR, you may not create or establish any link between your own website or that of a third-party website and the Site. 18. Monitoring. You acknowledge and agree that MBR has no obligation, but reserves the right, to monitor the Site and may do so from time to time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied, and used for authorized purposes in accordance with the terms of this Agreement and MBR’s Privacy Statement. 19. Jurisdiction. This Agreement shall be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Riverside County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The Site is owned and operated by MBR from the State of California, United States of America. MBR and its affiliates make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 20. Termination. In addition and without prejudice to any other legal or equitable remedies available to MBR, MBR may terminate this Agreement at any time and for any reason or no reason at its sole and absolute discretion. 21. Intellectual Property. The content included on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of MBR or its licensors or suppliers as are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or otherwise create a hyperlink to any such material for any purpose other than as specifically provided herein or otherwise approved by MBR in writing (or legitimate activities of a travel agent or travel professional). This includes, without limitation, any attempt to modify the appearance or otherwise obscuring content on the Site with any third party pop-up advertising or other commercial communications. More specifically, you are restricted from using any of MBR’s or its affiliates’ trademarks, trade names or other designations (including URLs) in connection with the creation, delivery or triggering of any unauthorized advertisements or promotions that may be construed as establishing an affiliation between MBR and such third party advertising and/or promotions. Any hyperlinks that link to any content on the Site other than the respective home pages of such sites is specifically restricted. This includes deep linking, framing, or other forms of connection that have not been approved by KSL. 22. Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), MBR reserves the right, but not the obligation, to terminate your right to use the Site if MBR determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. MBR accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, MBR has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of KSL Resorts to receive notification of claimed infringement is: Legal Department KSL Resorts 50-905 Avenida Bermudas La Quinta, CA 92253 Attention Legal Department Phone: (760) 564-8000 E-mail: PrivacyPolicy@kslresorts.com MBR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 23. SPECIAL NOTICE FOR NEW JERSEY USERS: BY USING THE SITE, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE MBR, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MBR FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF MBR AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THE DISCLAIMERS SET FORTH IN SECTION 16 AND FULLY UNDERSTAND THAT SUCH SECTION IS A RELEASE OF LIABILITY. 24. Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions. 25. Severability. This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 26. Attorneys’ Fees. If MBR takes any action to enforce this Agreement, MBR will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation (through appeal and including any attorneys’ fees and costs incurred by MBR to collect fees and costs pursuant to this section), in addition to any other relief, at law or in equity, to which MBR may be entitled. 27. Modification. MBR may at any time modify this Agreement, and your continued use of the Site will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review this Agreement periodically, and your continued access, use and/or posting on the Site shall be deemed your acceptance of the changed Agreement. 28. Miscellaneous. This Agreement and MBR Privacy Statement constitute the entire agreement between the parties concerning your use of the Site, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The section headings in this Agreement are for convenience only and must not be given any legal import. 29. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you have any questions concerning the Site or its policies, please contact us via e-mail at webmaster@kslresorts.com.

Additional Questions

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